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Personal Injury Myths vs. Facts

4179130X-insurance-coTop Ten Insurance Company and Personal Injury Myths

The Truths That the Insurance Company Doesn’t Want You to Know

There is no doubt that you are a capable person. But, if you are like most of people, you never had to file an insurance claim before. You don’t know what to expect. The insurance company knows this and is happy to take advantage of your lack of experience.

Here are ten myths that the insurance company would like you to believe, and the truth behind each of these myths:

Myth #1 “You don’t need a lawyer.”

FACT:  The insurance company doesn’t want you to call a lawyer. Personal injury lawyers know exactly how much your case is worth and how to get the insurance company to pay the full value of your claim, so working with a lawyer will almost always get you more money than working with the insurance company directly.

Studies have shown that injury victims receive substantially larger settlements than those who deal with the insurance companies on their own – even after legal fees. At Ostroff Injury Law, we’ve see client after client try to deal with an insurance adjuster directly, only to be offered a small fraction of what we end up getting them.

Myth #2 “I’m a nice and trustworthy guy. I’m here to help you.”

FACT: The insurance adjuster’s job is to save the insurance company money. The more you trust your adjuster, the less likely you are to discover what your claim is really worth. So while your adjuster seems friendly, every penny he saves his company is a step towards his next raise or promotion.

Ostroff Injury Law is on your side. Since we get paid a percentage of your settlement, we have no reason to sell you short. Unlike the insurance adjuster, who wins when you lose, we do better when you do better.  We win when you win!

Myth #3 “We looked at your x-rays and medical records. Your injuries were not from this accident. Everybody gets a bad back by the time they are your age!”

FACT: If your doctor or hospital billed your auto insurance company for your medical care, then their expert medical opinion is that your injuries are the result of your accident.

What if you did have a preexisting condition? If you had pain or surgery before the injury, you are still be entitled to be paid for any additional pain and suffering caused by the accident.  Ostroff Injury Law will work with your doctors to prove that your injuries were caused by your accident. Jon Ostroff will get you the money you are due for your pain and suffering!

Myth #4 “You chose limited tort so you’re not entitled to compensation for your pain and suffering.”

FACT: There are exceptions to limited tort and, in many cases, people with limited tort are still entitled to a recovery.  But, insurance adjusters love to scare people out of seeking a recovery. Before you sign any insurance company papers, call Jon Ostroff at Ostroff Injury Law and let Jon review your situation with you. Even if it’s not currently known whether your injuries are serious enough for you to be paid for your pain and suffering, Jon will work with you and handle your case until the extent of your injuries is determined. You will only pay Ostroff Injury Law if you actually recover money.

Myth #5 “You’ll wait forever to get paid if you hire a lawyer.”

FACT: Insurance companies often use delay tactics to control your case and get you to agree to a lower settlement.  Ostroff Law stops insurance company games.  We give the insurance company 30 days to pay your claim, or we sue.

It is important to point out that it may be in your best interest to delay settling your case. We can talk to you about whether there is a benefit to waiting to settle your claim until you are finished treatments and the full extent of your injuries are known.

Myth #6 “Sign this medical authorization so I can pay for your medical records and settle your case sooner.”

FACT: You don’t have to release your medical records to the insurance companies and in most cases you should avoid signing medical authorizations. Signing a medical authorization gives the adjuster full access to your very private and personal medical records. He can decide how questions about your injury are framed. For example, the insurance adjuster may ask your doctor for a written opinion: “Please state whether you are absolutely, 100% certain that every aspect of this back injury occurred when Mr. Smith was in a very minor automobile accident on January 1, 2014.”

Once your doctor answers a question in a written report, it is part of your case. The report cannot be re-written. Wouldn’t you rather your doctor respond to the question worded this way: “As you know, Mr. Smith never treated with a physician or suffered from back pain until he was in a rear end motor vehicle collision on January 1, 2014. You began treating Mr. Smith for his back injury two days later on January 3, 2014. Please state whether it is more likely than not that Mr. Smith suffered his back injury in his accident on January 1, 2014, when the car he was operating was suddenly and violently struck in the rear?”

Myth #7 “ The insurance can help you better if you give him permission to record your statement about the accident. ”

Fact: The only reason the adjuster wants to record your statement is so he can use your words against you later. Suppose the adjuster asks, “How are you doing?” You automatically say “fine”. The adjuster can use your words as “proof” that you aren’t in pain. In fact, anything you say may be taken out of context and used for the insurance company’s benefit.

Myth #8 “Your insurance premiums will increase if you file a claim against us.”

Fact: Filing an insurance claim does not mean that you will pay more for car insurance. Insurers must consider many factors before deciding whether to adjust your rate, including the severity of the accident, your driving history, who’s to blame, and your policy details. If your insurer raises your rate, you have the option of buying insurance from another company.

Myth #9 “Your lawyer is the only one that will win if you hire him. He makes a third of whatever he gets you. That’s why lawyers are so rich.”

Fact: Attorneys who work hard make a good living, but an attorney makes only a fraction of the salary of an insurance company executive.  Insurance company CEO’s earn their high salaries by increasing company profits. To do this, they motivate their adjusters to pay accident victims as little as possible.

It is true that lawyers do get paid a portion of your settlement. The percentage is set ahead of time, so the more you recover the more we get paid. In other words, we only win when you win!

Personal Injury Myths #10, #11, #12, and ….. “You’re in Good Hands,” “On Your Side,” “Peace of Mind,” “Like a Rock,” and “We’re like a good neighbor…”

Fact: The insurance agency is a business that wants to make a profit, not do a good deed. Their slogans are created by advertising experts who know how to get an emotional reaction. If your insurance company is your idea of a good neighbor, it’s time to move!

Be smart. Be protected. Don’t give up. Don’t give in. It’s time to call Ostroff Injury Law.

Part of the reason that insurance companies make so much money is because they know every possible trick to pay you as little money as they possibly can. They aren’t in the business of paying money, they are in the business of collecting it.

Our personal injury lawyers will NOT put up with the games…the tricks…the crap! We know how to handle insurance companies. We’ve been doing it successfully for many years. We’ll do it successfully for you.

Don’t let the insurance company take control of your claim. Call us now at 800-818-8148.

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